SunLive – Grandmother wins appeal against parking ticket

Gaynor said she took her overseas visitors and paid for 12 hours of parking in the 24-hour lot at around 9 p.m. on December 27.

After spending a pleasant night in the hot springs by the beach, she returned to her RV where she took a shower and her daughter made them all a hot drink.

She says they were approached at around 7am on December 28 by a compliance officer from the Thames-Coromandel District Council, who told her she was wild camping and then handed her the warning notice.

She tried to explain the situation.

“We didn't do any free camping, but paid for 12 hours of parking. That was enough time to enjoy the beach, shower and have some hot drinks before we continued on to my daughter's house in Matarangi.

“I feel outraged at being accused of a victimless crime that I did not commit, because any reasonable person seeing the large 24-hour parking sign would assume that purchasing a 12-hour parking permit would negate any charges of illegal parking.

Thames-Coromandel District Council is reviewing its paid parking signage at Hot Water Beach.

“It is beyond my control that the lowest tide occurred during darkness.”

In a letter to council on January 4, Gaynor said that unless a reasonable solution could be reached, she would no longer recommend Hot Water Beach to overseas visitors and friends as the signage was “contradictory and confusing”.

She applied for the infringement to be set aside.

The council rejected her appeal on January 10 on the basis that at the time of the inspection, the compliance officer was informed by a vehicle occupant that Ball had parked in the Taiwawe parking lot due to the campground gates being closed.

While paid parking is possible in the car park around the clock, camping with a car overnight is not permitted, the city council said in its response.

This was considered free camping and was prohibited under the local council's ordinance on free camping in the parking lot.

Gaynor says she knew nothing about it and went straight to Coromandel MP Scott Simpson's office in Thames, where she told his office staff her story.

From there, they presented their appeal to the council, Gaynor says.

Simpson says Ball is a regular visitor to his Thames office and he is delighted his staff were able to help her.

Meanwhile, on January 30, she received good news when a letter from the council arrived in the mail.

The Council has examined her appeal and has now granted it.

The City Council checked its systems and found that she had paid $15.50 for parking on December 27, 2023.

The letter said that parking is a different matter to free camping and that to ensure this is clear to future visitors, they will review the signage in the car park.

Brian Taylor, Head of Community Outcomes at the Council, tells the Hauraki Coromandel Post that during the appeal the council became aware that there had been “some confusion between the parking fee and the restrictions on free camping”.

“We have decided to ignore the violation and have planned a review of our signage at this location.

“This was supposed to be part of the parking ordinance review that was planned for earlier this year, but unfortunately it has been delayed somewhat due to staff resources to support the long-term plan. Hopefully you will be aware that the review has now begun.”

Taylor says the ticket was issued for free camping in a prohibited area, as free camping is not permitted under the free camping bylaws at the Taiwawe car park in Hot Water Beach.

“This has no connection with the restriction on paid parking in our parking regulations; the fine was rightly issued in light of the officer's observations at the time.”

The Hauraki Coromandel Post went back to Taylor and asked what the confusion was between the parking fee and the free camping restrictions and why the City Council had decided to ignore the violation and schedule a review of the signage at that location.

Taylor says there are two ordinances that apply to the site, one for parking and another for free camping, which is different from parking.

“They had paid for parking, so there was no problem. But the police officer found that they were wild camping and issued a misdemeanor.

“It turned out that the signage on site was a bit confusing and gave instructions about overnight stays and free camping, so the violations were waived.

“Once the new parking regulations are passed, we can ensure clear signage.”

Gaynor would like to thank Simpson's staff for their help with the appeal and advises others “not to be afraid to speak up” if they have uncertainties in similar situations.

“I think you have to stand up to the authorities, otherwise they will trample on you.”

-Waikato Herald.